[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Notices]
[Page 26418-26419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my07-113]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Construction of an Industrial Facility in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice: Receipt of application for an incidental take permit;
request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of an incidental take permit (ITP) application and Habitat
Conservation Plan (HCP). Michael Richardson (applicant) requests an
incidental take permit (ITP) for a duration of 5 years pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(Act). The applicant anticipates taking approximately 2.2 acre (ac) of
Florida scrub-jay (Alphelocoma coerulescens)--occupied habitat
incidental to constructing an industrial facility in Brevard County,
Florida (project). The applicant's HCP describes the mitigation and
minimization measures the applicant proposes to address the effects of
the project to the scrub-jay.
DATES: We must receive any written comments on the ITP application and
HCP on or before June 8, 2007.
ADDRESSES: If you wish to review the application and HCP, you may write
the Field Supervisor at our Jacksonville Field Office, 6620 Southpoint
Drive South, Suite 310, Jacksonville, FL, 32216, or make an appointment
to visit during normal business hours. If you wish to comment, you may
mail or hand deliver comments to the Jacksonville Field Office, or you
may e-mail comments to erin_gawera@fws.gov. For more information on
reviewing documents and public comments and submitting comments, see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Erin Gawera, Fish and Wildlife
Biologist, Jacksonville Field Office (see ADDRESSES); telephone: 904/
232-2580, ext. 121.
SUPPLEMENTARY INFORMATION:
Public Review and Comment
Please reference permit number TE151087-0 for Michael Richardson in
all requests or comments. Please include your name and return address
in your e-mail message. If you do not receive a confirmation from us
that we have received your e-mail message, contact us directly at the
telephone number listed under FOR FURTHER INFORMATION CONTACT. Our
practice is to make comments, including names and home addresses of
respondents, available for public review during regular business hours.
There may be circumstances in which we would withhold from the
administrative record a respondent's identity, as allowable by law. If
you wish us to withhold your name and address, you must state this
prominently at the beginning of your comments. We will not, however,
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety. Before
including your address, phone number, e-mail address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Background
The Florida scrub-jay (scrub-jay) is found exclusively in
peninsular Florida and is restricted to xeric uplands (predominately in
oak-dominated scrub). Increasing urban and agricultural development has
resulted in habitat loss and fragmentation, which have adversely
affected the distribution and numbers of scrub-jays.
The total estimated population is between 7,000 and 11,000
individuals. The decline in the number and distribution of scrub-jays
in east-central Florida has been exacerbated by tremendous urban growth
in the past 50 years. Much of the historic commercial and residential
development has occurred on the dry soils which previously supported
scrub-jay habitat. Much of this area of Florida was settled early
because few wetlands restricted urban and agricultural development. Due
to the effects of urban and agricultural development over the past 100
years, much of the remaining scrub-jay habitat is now relatively small
and isolated. What remains is largely degraded due to the exclusion of
fire, which is needed to maintain xeric uplands in conditions suitable
for scrub-jays.
Applicant's Proposal
The applicant is requesting take of approximately 2.2 ac of
occupied scrub-jay habitat incidental to the construction of an
industrial facility. The project is located within Section 23, Township
25 South, Range 36 East, Rockledge, Brevard County, Florida, on the
west side of Riomar Drive near its southern terminus.
Development of the project, including infrastructure, parking areas
and landscaping, preclude retention of scrub-jay habitat onsite.
Therefore, the applicant proposes to mitigate for the loss of 2.2 ac of
occupied scrub-jay habitat by donating $44,880 to the Florida Scrub-jay
Fund administered by The Nature Conservancy. Funds in this account are
earmarked for use in the conservation and recovery of scrub-jays and
may include habitat acquisition, restoration, and/or management.
We have determined that the applicant's proposal, including the
proposed mitigation and minimization measures, would have minor or
negligible effects on the species covered in the HCP. Therefore, the
ITP is a ``low-effect'' project and qualifies for categorical
exclusions under the National Environmental Policy Act (NEPA), as
provided by the Department of the Interior Manual (516 DM 2 Appendix 1
and 516 DM 6 Appendix 1). This preliminary information may be revised
based on our review of public comments that we receive in response to
this notice. A low-effect HCP is one involving (1) minor or negligible
effects on federally listed or candidate species and their habitats,
and (2) minor or negligible effects on other environmental values or
resources.
We will evaluate the HCP and comments submitted thereon to
determine whether the application meets the requirements of section
10(a) of the Act (16 U.S.C. 1531 et seq.). If we determine that the
application meets those requirements, we will issue the ITP for
incidental take of the Florida scrub-jay. We will also evaluate whether
issuance of the section 10(a)(1)(B) ITP complies with section 7 of the
Act by conducting an intra-Service section 7 consultation. We will use
the results of this consultation, in combination with the above
findings, in our final analysis to determine whether or not to issue
the ITP.
[[Page 26419]]
Authority: We provide this notice under Section 10 of the
Endangered Species Act and NEPA regulations (40 CFR 1506.6).
Dated: March 30, 2007.
David L. Hankla,
Field Supervisor, Jacksonville Field Office.
[FR Doc. E7-8873 Filed 5-8-07; 8:45 am]
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